90.
Property to which residuary legatee entitled.
Under a residuary bequest, the legatee is entitled to all property belonging to
the testator at the time of his or her death of which he or she has not made
any other testamentary disposition which is capable of taking effect.
91.
Time of vesting of legacy in general terms.
If a legacy is given in general terms, without specifying the time when it is
to be paid, the legatee has a vested interest in it from the day of the death of
the testator, and if he or she dies without having received it, it shall pass to
his or her representatives.
92.
In what case legacy lapses.
(1) If the legatee does not survive the testator, the legacy cannot take
effect, but shall lapse and form part of the residue of the testator’s property,
unless it appears by the will that the testator intended that it should go to
some other person.
(2) In order to entitle the representatives of the legatee to receive the
legacy, it must be proved that he or she survived the testator.
93.
One of two joint legatees dying before testator.
If a legacy is given to two persons jointly, and one of them dies before the
testator, the other legatee takes the whole.
94.
Words showing testator’s intention to give distinct shares.
Where a legacy is given to legatees in words which show that the testator
intended to give them distinct shares of it, then, if any legatee dies before the
testator, so much of the legacy as was intended for him or her shall fall into
the residue of the testator’s property.
95.
Lapsed share.
Where the share that lapses is a part of the general residue bequeathed by the
will, that share shall go as undisposed of.
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